MUNICIPAL ORDINANCE NO. 2017-11

WHEREAS, constructing a new public transport terminal would decongest the town’s business center and avert accidents that compromise the safety of our pedestrians;

WHEREAS, the subject parcel of land is the identified location site of the New Public Transport Terminal Complex as indicated in the Comprehensive Development Plan (CDP);

WHEREAS, the intent of taking the private property is for public use and purpose;

WHEREAS, to acquire the subject private property, a valid and definite offer has been previously made to the owners but such offer was not accepted;

WHEREAS, through the exercise of the power of eminent domain, the subject private property shall be acquired by the Local Government Unit of Lupon through expropriation proceedings;

WHEREAS, Section 19 of the Local Government Code of 1991 provides:

“A local government unit may through its chief executive and acting pursuant to an ordinance, exercise the power of eminent domain for public use, or purpose, or welfare for the benefit of the poor and the landless, upon payment of just compensation, pursuant to the provisions of the Constitution and pertinent laws: Provided however, that the power of eminent domain may not be exercised unless a valid and definite offer has been previously made to the owner, and such offer was not accepted: Provide, further, that the local government unit may immediately take possession of the property upon the filing of the expropriation proceedings and upon making a deposit with the proper court of at least fifteen percent (15%) of the fair market value of the property based on current tax declaration of the property to be expropriated. Provided, finally, that, the amount to be paid for the expropriated property shall be determined by the proper court, based on the fair market value at the time of the taking of the property;”

AN ORDINANCE AUTHORIZING THE HONORABLE ERLINDA D. LIM, MUNICIPAL MAYOR OF LUPON, DAVAO ORIENTAL TO INITIATE THE EXPROPRIATION PROCEEDINGS OVER THE PARCEL OF LAND, CONTAINING AN AREA OF TEN THOUSAND (10,000) SQUARE METERS SITUATED IN POBLACION, LUPON, DAVAO ORIENTAL BEING A PORTION OF LOT 2319, COVERED BY TITLE NO. T-32402 CONTAINING AN AREA OF ONE HUNDRED TWENTY-EIGHT THOUSAND SEVEN HUNDRED EIGHTY-NINE (128,789) SQUARE METERS, MORE OR LESS, OWNED BY THE HEIRS OF LICUANAN AS THE SITE FOR THE NEW LUPON PUBLIC TRANSPORT TERMINAL COMPLEX.

BE IT ORDAINED by the Sangguniang Bayan of Lupon, Davao Oriental in session assembled that:

SECTION 1. Authority – Pursuant to Section 19 of the LGC, the Municipal Mayor Erlinda D. Lim is hereby authorized to initiate expropriation proceedings over the parcel of land, containing an area of 10,000 square meters, being a portion of Lot 2319, covered by TCT Title No. T-32402.

SECTION 2. Purpose – The expropriation proceedings over the said parcel of land is for public use and purpose, specifically as the location site for the New Public Transport Terminal Complex of Lupon, Davao Oriental.

SECTION 3. Scope – The authority shall only cover the expropriation proceeding over the parcel of land containing an area of 10,000 square meters to be used as the location site for the New Public Transport Terminal Complex of the herein municipality.

SECTION 4. Appropriation – The amount of Twelve Million (P 12,000,000.00) Pesos has been appropriated under the CY 2018 Annual Investment Program (AIP) of the herein local unit for the expropriation proceeding over the said parcel of land for public use and purpose.

SECTION 5. Effectivity – This Ordinance shall take effect immediately upon its approval.

ENACTED by the SANGGUNIANG BAYAN of the Municipality of Lupon this 11th day of December 2017.